Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 163 IPC Findings In Review Report F-2006-001, copies of the Letters of Administration from a law firm were determined to be sufficient in demonstrating that the law firm’s client (mother of the deceased) was acting as the personal representative of two deceased persons.270 2. Proof that disclosure of the requested information is necessary for purposes of administering the deceased’s estate. FOIP does not permit a personal representative to access information for all purposes, but only those relating to the administration of the estate. Administration of an estate means the management and settlement of the estate of a deceased, including selling, collecting and liquidating assets, paying debts, and making claims for funds owing or exercising any right of a financial benefit of the deceased.271 The duties of an executor in administering an estate in Saskatchewan are not always limited to winding up the estate. There is a function of administration that includes the management of the estate and considerations of what assets may exist or may come into existence (such as when an estate sues for damages resulting from a wrongful death) and form part of the estate to be administered.272 An example of a case where disclosure may be necessary for this purpose would be where a widower needs information to help decide whether to proceed with litigation related to the partner’s death.273 IPC Findings In Review Report 098-2015, the Commissioner considered subsection 59(a) of FOIP. The Applicant requested records from Saskatchewan Government Insurance (SGI) related to her deceased son’s auto claim file. SGI denied access to some of the information under subsection 29(1) of FOIP because the information was the personal information of the Applicant’s deceased son. The Commissioner considered subsection 59(a) of FOIP and determined that the Applicant was appointed Administrator of her son’s estate. Furthermore, the Applicant requested the information to challenge SGI’s decision to deny her son’s claim. 270 SK OIPC Review Report F-2006-001 at [103] to [106]. 271 SK OIPC Review Report 098-2015 at [16]. 272 SK OIPC Review Report LA-2009-002/H-2009-001 at [106]. 273 Service Alberta, Resource, Bulletin #16, Personal Information of Deceased Persons at p. 3.
RkJQdWJsaXNoZXIy MTgwMjYzOA==